The CA allowed a father's appeal against a finding of fact made by the judge that he had unlawfully killed his child. Such a finding was not on the schedule of findings sought and the judge had refused an adjournment for the father to put evidence in place to contest such a finding. It was held that if the judge is to make findings of face whihc are not sought by the local authority or not contained in its schedule, then he or she must be astute to ensure; a) that any additional or differ ...
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The CA dismissed a wife's claim for relief under Part III of the Matrimonial Causes and Family Proceedings Act 1984 (financial relief after an overseas divorce) holding that Nigeria had been the natural and appropriate forum for the resolution of her claims and that no substantial injustice had been done to her there notwithstanding the fact that the award made had been significantly lower than that which would have been made in English proceedings.
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Proof:- In this action the pursuer sought:- (1) decree of divorce; (2) an order for sale of the former matrimonial home; (3) a capital sum payable on the sale of the former matrimonial home; and (4) a periodical allowance. The action was not defended on it's merits and at proof decree of divorce was granted, the marriage having broken down irretrievably. It was agreed between parties that the former matrimonial home should be sold and to achieve the proper balance in the division of matrimonial ...
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The CA considered the vexed question of reviewable dispositions under s37 MCA 1973. Holding that in the instant case a charge over a property to a bank by subsequent purchasers was not a reviewable disposition notwithstanding the Wife's registration of her matrimonial home rights under the FLA 1996.
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The CA dismissed a Wife's appeal against the dismissal of her application by summons , for an order setting aside ancillary relief orders which had been made in her favour in 2001. The original orders had been made, inter alia, on the basis of protecting the Wife from potential liabilities then thought to be in the region of 14 million pounds to a charity and to the Inland Revenue. The liabilities subsequently were established to be £600,000. The CA held that despite the Husband's undeserve ...
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In this appeal the CA considered the question as to whether the Judge who has made an order by consent at the conclusion of a successful FDR can then decide subsidiary issues which the parties have subsequently failed to agree. The CA held that where the contract presented to the Judge at conclusion of FDR is incomplete in the sense that there are issues left to be agree or determined by the court in the absence of agreement the dispute must be listed before another judge.
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In a judgment dismissing an appeal in relation to the police decisions on the protection of the Holy Cross School children Lord Hoffman made comments on the intervention of statutory bodies and NGO's on questions of general public importance noting that this intervention 'is of no assistance if it merely repeats points which the appellant or respondent has already made'.
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Mr Justice Hedley in a judgment relating to children born under a commercial surrogacy arrangement legal in the Ukraine warned of the perils consequent to the conflict of private international law and noted that where there is a commercial element to the surrogacy, it will usually require careful consideration as to why it should not be transferred to the High Court.
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Proof:- On 21 April 2001 the parties married and lived together until 11 October 2005 when they agreed to separate. Thereafter, divorce proceedings were raised and the pursuer sought decree of divorce from the defender on the basis that the marriage had broken down irretrievably on account of the defender's behaviour. The defender did not defend the action on the merits of the cause. Here the court considered that the court had jurisdiction. Following proof in which the court heard evidence of t ...
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The CA dismissed a mother's appeal against findings of fact made within care proceedings that the mother had been the likely perpetrator of two distinct sets of injuries to the child. The CA gave further guidance on the duties of counsel to raise any alleged deficiency in the judge's reasoning process and any genuine query or ambiguity which arises on the judgment in order to avoid appeal hearings where matters raised could and should be dealt with by the judge at first instance.
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